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Michael Adam Haber
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Michael Haber’s Answers

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  • Is this legal and or extortion?

    By mistake took home a lottery ticket basket from a Chinese auction at my class reunion. The committee wants me to make a $500.00 "donation " to the reunion committee to put this unfortunate situation behind us, since I took 4 days to get b...

    Michael’s Answer

    I have the exact same thought process as my esteemed colleague Mr. Williams.

    I don't think that their "request" is any more extortion than your "mistake" / "unfortunate situation" was theft.

    It's all a matter of perspective.

    Sometimes is better to voluntarily pay for your mistakes.

    Think about it.

    I hope that I have been helpful in answering your question.

    See question 
  • 3 men instigated my friend and he threw the first punch, I was sucker punch and caused serious harm. Do I have a case?

    I was with a friend talking about MMA outside a few bars and 3 guys overhead and started challenging us to a boxing match for $100. We wanted no part of it and just wanted to carry on with our night but they wouldn't leave it alone for 10 minutes ...

    Michael’s Answer

    "Can I sue _______" is not a criminal defense question; It is a civil law question.

    Last I checked this was still America, and in America you can sue pretty much anyone for pretty much anything. Whether or not a) you can find a lawyer to sign her / his name to the paperwork, b) your lawsuit survives a motion for summary judgment / to dismiss, c) you get a favorable judgment, d) your defendant is collectable or e) you ever see a dime is both beyond my ability to predict and is anyone's guess.

    If you want to increase your odds at getting a competent answer then you should repost this question and list "lawsuits and disputes" and not "criminal defense" as a practice area.

    I hope that I have been helpful in properly re-directing your question.

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  • Shied, Seal divorce information in Maryland

    Divorce absolute granted in DEC 09. Can this record be shielded/sealed from public record. i.e if it is searched in the Maryland Judiciary case search no record displays?

    Michael’s Answer

    I cannot speak definitively to MD but in FL (as I would bet, but defer to my MD colleagues, is the case in MD) you cannot seal civil records.

    In FL sealing and expungement is reserved exclusively for criminal cases (or, more accurately, 1 non-disqualified criminal case during one's lifetime).

    But, again, I defer to my MD colleagues.

    Still, I hope that I have been helpful in answering your question.

    See question 
  • Can action be taken against a 17 year old who offered "vape" to my 11 year old?

    My son told the group of teens "no" and then threw their device into the woods. While reprimanding his actions toward their property and explaining how dangerous that could have been, I commended his decision to say no. I am however very disturb...

    Michael’s Answer

    Whether or not "calling the police is going too far" is a personal and not a legal decision.

    That said, once you call the cops you can;t take it back.

    You may consider speaking to the 17 y/o's parents first, or not (just a suggestion).

    Either way I hope that I have been helpful in answering your question.

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  • Can I get sole custody in Florida if my soon to be ex-husband is in prison until 2019?

    My husband has been in prison for the last 2 years. This is the second time he has been to prison and he has been to jail 3 times, probation twice. He has multiple felonies, a domestic violence charge in another state, and at the time of his arres...

    Michael’s Answer

    This is not a criminal defense question it is a family law question.

    I will retag it into the correct practice area for you and in so doing I will hope that I have been helpful to you.

    See question 
  • Will a (resolved) warrant ( failure to appear) on a traffic ticket show up on any level of background check?

    I received a moving violation (ticket) ten years ago while traveling through another state. The ticket went unpaid, and I only received payment notices from a collection agency . I did not know I needed to appear in court on the matter. Earlier t...

    Michael’s Answer

    No lawyer can tell you either how thoroughly some other person / entity will go in conducting a background check or what such an examination may or may not reveal.

    That said, unfortunately, it is probably a safe bet to assume that if you were arrested anytime in the digital age then your criminal record will almost certainly remain with you forever. To some degree or another this is true regardless of whether your ultimately seal or expunge a case. All arrests are matters of public record, and, even if they are subsequently removed from the public record they still remain alive and well in various private records. This is one down-side to technology.

    You might want to do your own background check to see what pops up. Forewarned is forearmed. If your prior indiscretion appears then, for better or for worse, you are probably best advised to take the wind out of the sails by admitting your past issues / indiscretions to your present (or potential) employer, lender, landlord, licensing authority, admissions committee, etcetera, rather than waiting for them to find out on their own, but that's a personal, not a legal, decision.

    I hope that I have been helpful in answering your question.

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  • Should I attend A Grand Jury Investigation.

    I received a "target letter" for a grand jury investigation. I received it on a Thursday and the letter stated I had to attend that coming Tuesday. It was just a letter in the mail (not certified) and it didn't state what I was a target for, it o...

    Michael’s Answer

    I don't know if it;'s for real or bogus (nor will any other lawyer without looking at it) or what penalties, if any, you will face for willful failure to appear, or whether or not you should appear by or with counsel.

    I strongly suggest that you take your real world target letter to a real world Dry Creek criminal defense lawyer and run it by someone who can give you an informed opinion.

    Still, I hope that I have been helpful in answering your question.

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  • How many days technically can I stay in US after suspension if there is no grace period? Like is it alright to stay 4-5 days?

    I have been suspended from school. I have to leave, but cannot book the flight tickets immediately. Is it ok if I book the tickets for departure from 5-6 days after the suspension? There is no grace period for suspension and I plan to stay just fo...

    Michael’s Answer

    If you're gonna re-ask a cryptic question then you should at least re-write it so that it is understandable the 2nd time around.

    But no, you have posted the identical cryptic question so I will give you the identical answer...

    Is this an academic question, an immigration question, a criminal defense question or a speeding ticket question.

    After 19 years of school and 25 years on the job I have no clue what you are asking.

    If you have to leave school then leave school.

    If you have an immigration question then ask an immigration lawyer.

    If you are facing criminal charges then you need to speak with a criminal lawyer.

    What any of this has to do with speeding tickets is beyond me.

    Still, and again, I hope that I have been helpful in trying to get you to re-focus your question.

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  • Do I have the right to know my accusers and what they are accusing me of.

    I am being told that I can't participate in an organization. I am told it is because of something I said or did. I have not been told of either thing. Although it is just a high band organization, I have not been able to defend myself. I was told ...

    Michael’s Answer

    Unless it concerns cops, courts or constitutions it is not a criminal defense question.

    I don;t know what a "high band organization" is but I'm gonna go out on a limb and guess that it has nothing to do with cops, courts or constitutions.

    Accordingly you have no right to confrontation (as in the Bill of Rights, as in the Constitution).

    I don't even know who you would complain to.... I suppose the Maestro.

    Still, wishing you good luck.

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  • Can I get temporary custody of my grandchildren if I have out standing traffic tickets for expired license?

    I have 4 tickets for expired drivers license. Can I get custody of my grandchildren in the state of Texas?

    Michael’s Answer

    Even though it deals with speeding tickets this is a family law question.

    I will retag it for you in the proper practice area and in that way hope that I've been helpful to you.

    See question